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THE CITY OF A j�L£ASANTON. CITY COUNCIL AGENDA REPORT September 16, 2014 Community Development Engineering Division TITLE: AUTHORIZE THE QUITCLAIM OF RIGHTS OF WAY AND A PUBLIC SERVICE EASEMENT AND THE ACCEPTANCE OF RIGHTS OF WAY AT THE ESSEX GIBRALTAR SITE SUMMARY Essex has acquired the property located at the northwest corner of Gibraltar and Hacienda Drive (formerly known as the BRE-2 site) which has a Planned Unit Development (PUD) approval to construct mixed use high density residential and commercial development. The approved plan includes diagonal parking on the public right of way along Gibraltar Drive. After preparing detailed construction plans for the onsite and offsite improvements, the developer has requested that the City quitclaim certain rights of way and an easement, and accept dedication of certain rights of way for ease of operation and maintenance responsibilities, and to ensure the street right of way is entirely beyond the curb. City staff and the Hacienda Business Park Association have reviewed the improvement plans, exchange of rights of way, and quitclaim of easement and have found them to be in substantial conformance with PUD approval. PLANNING COMMISSION RECOMMENDATION On April 17, 2012, the Planning Commission recommended approval of an application by BRE Properties, Inc. for a PUD to construct a mixed use high-density residential/commercial development containing 247 residential apartment units, four live and work units, and a 0.55 acre park on an 8.2 acres parcel located at the north west corner of Gibraltar and Hacienda Drive. RECOMMENDATION Staff recommends that the City Council take the following action at the meeting of September 16, 2014: 1. Approve quitclaim of property interests for the four parcels and public service easement (shown in Attachment 3 and Attachment 4) and direct the City Manager to execute necessary documents subject to minor modifications approved by the City Manager, City Attorney and City Engineer. 2. Accept new property interest for the three small parcels of land generally described in the Attachment 5 and dedicated to the City by separate instrument. FINANCIAL STATEMENT There is no budget increase associated with the exchange of rights of way and quitclaim of easement.